Solicitors duty to warn - when does it arise?

The Court of Appeal has recently dismissed an appeal against the decision of Michael Bowes QC sitting as a deputy judge in the Queen’s Bench Division in Balogun v Boyes Sutton & Perry [2017] EWCA Civ 75.

Whilst the underlying decision and aspects of the appeal judgement are fact specific, Lord Justice Lloyd- Jones’ judgment provides some insight into the current judicial treatment of “duty to warn” cases and late changes to a party’s pleaded case.